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Bay Area Painters and Tapers Pension Trust Fund v. Banks

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


June 11, 2010

BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL. PLAINTIFFS,
v.
BARBARA JEAN BANKS, INDIVIDUALLY AND DBA B & C PAINTING AND DECORATING, DEFENDANT.

The opinion of the court was delivered by: The Honorable Edward M. Chen United States District Court Judge

PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT and REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON

Date: June 16, 2010 Time: 1:30 p.m. Ctrm: C, 15th Floor Judge: The Honorable Edward M. Chen

Plaintiffs herein respectfully submit their Case Management Statement, requesting that the Case Management Conference be continued for approximately 60 days. 1. As the Court's records will reflect, this action was filed on January 5, 2010. Service on Defendant was effectuated on January 12, 2010. A Proof of Service of Summons was filed with the Court on January 15, 2010. Defendant failed to Answer or otherwise appear in this action and, pursuant to Plaintiffs' request, the Clerk entered Default against Defendant on February 22, 2010.

2. Following her bank's return of two of four checks submitted by Defendant on a defaulted payment schedule, Defendant represented to Plaintiffs that she would make payment of all amounts currently known to be due, by June 9, 2010, and has now agreed to obtain a joint check agreement for payment by July 15, 2010.

3. In addition, Plaintiffs' auditor recently completed an audit of Defendant's records, and the audit report was sent to Defendant for review. Defendant contested some of the findings and the parties are attempting resolution of those matters.

4. Accordingly, Plaintiffs respectfully request that the Case Management Conference, currently scheduled for June 16, 2010, be continued for 60 days to allow resolution of remaining amounts to be paid, as well as the audit. If resolved, Plaintiffs will dismiss this action; of not, Plaintiffs anticipate filing a Motion for Default Judgment within that time.

5. There are no issues that need to be addressed by the parties at the currently scheduled Case Management Conference. In the interest of conserving costs as well as the Court's time and resources, Plaintiffs respectfully request that the Court continue to currently scheduled Case Management Conference.

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above entitled action, and that the foregoing is true of my own knowledge.

Executed this 10th day of June, 2010, at San Francisco, California.

SALTZMAN & JOHNSON LAW CORPORATION

Muriel B. Kaplan Attorneys for Plaintiffs

IT IS SO ORDERED.

The currently set Case Management Conference is hereby continued to __________________________ at __________________, and all previously set deadlines and dates related to this case are continued accordingly.

20100611

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